HomeMy WebLinkAboutDeed APPLICANT 7/19/2007 (2)
,
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1\ : III \1\ \ 111111111\ III \ \ 1\ \ 1111 \ 1111111 \111\1 $46 .00
0"95165520011')0718,600500.:0 10/19/2007 03: 10: 35 PM
RPR-DEED Cnl=l Sln=5 CASHIER 06
$25 00 $11 00 $10 00
for Lands descubed ill Exlublts A and B
Send Tax Statements to
DIvIsion of Chief Depuly Clerk
Lane Counly Dee" and Records
Recorded at the lequest of
and after recordmg rehlnl to
Branch Engmeeung, Inc
310 5th Street
Sprmgfield, OR 97477
SC Sprmgfield LLC
5440 Lome Lane Smte 102
Reno, NY 89511
The true consldelatlOn for tlus conveyance IS other than monetm y
, PROPERTY LINE ADJUSTMENT DEED
The pmiles to tillS transfer are (1) SC Spnnglield LLC, a Oregon Delawme LiabIlity Company,
heremafter referred to as Party 1 and bemg d Grantor/Grantee herem and (2) SC Spnngfield LLC,
a Oregon Delaware Llablhty Company, heremdfter referred to as Party 2 and bemg a Grantor/Grantee
herem
Tlus Deed IS mtended to adjust the boundary hne between a parcel of real property owned by Party
1 and an adjom111g parcel of real plOperty owned by Party 2 The pm tles are entenng mto tlus Deed
to agree on the property Ime separatmg theIr pmcels to comply WIth CIty of Splmgfield Land Use
RegulatIOns and the proVISIOns of Oregon ReVised Statutes 92 190(4)
The legal descnptlOn of Party l's plOperty pnol to tillS adjustment IS all of the lands that were
conveyed as "Pmcel1" 111 that certa111 Tmstees' Deed that was recorded ApnllO, 2006 at Rewrder s
Number 2006-024293 111 the OffiCial RecOlds of Lane County, State of Oregon (bemg Tax Map 17-
03-25-11, Tax Lot 2300 at trme of recordatIOn of thiS document)
The legal descnptlOn of Party 2's property pnor to thIS' adjustment IS all of the Imlds that were
I
conveyed as "Parcel 2" m that certam Trustees' Deed that was recorded Aplll1 0, 2006 at Recordel ' s
Number 2006-024293 m the OffiCial Records of Lane County, State of Oregon (bemg Tax Map 17-
02-30, fax Lot 1800 at tune of recordation of thIS document)
The Ime bemg adjusted herem IS the entIre common lme between Said plOpertles
WHEREAS the PartIes desrre to adjust theH common Ime and WHEREAS the Pal lies are agreeable
to execute a tranbfer of property through means of an approved Property Lme Adjustment mId tlus
Deed as saId Property Lme Adjustment was gIVen Tentative Approval September 24, 2007 under
Case Number SOO2007-00037 by the CIty of Spllngfield
TlIEREFOR, for purposes of accomphshmg tillS PlOperty Lme Adjustment
Party 2 hereby transfels and conveys all of ItS nght, title and mterest III and to the plOperty descnbed
on "ExhIbIt A" to Party 1 as Said exhIbIt IS attached hereto and made a part hereof And
Party 1 hereby transfers and conveys all of ItS light, title mId mterest 111 and to the property descnbed
on "Exl11blt B" to Party 2 as Said exhibIt IS attal..hed hereto and made a part hereof
The descnptlOn of Party 1 's propelty a[terthls adjustlnent I~ descnbed on "Exlublt A" attached heleto
and made a part heleof
The descnptlOn ofParty2's propelty aftel tlus adJustment IS descnbed on "ExhlbltB" attdched heleto
and made a part hereof
PROPERTY LINE ADJUSTMENT DEED
(Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, TdX Lot 1800)
Page 1 of5
Dated this
lu -t'h
. day of
tJtJtJber
,2007
SC Sprmgfield LLC, 'a Delaware Liability Compa?,,",)
U7 L ,//)/
'j /1/t'1
Signed !, 'Aft1 ;iS~
Jeffry Be:I,1 itmgfember '---" '--
BEFORE SIGNING OR ACCEPTING THIS INSTRUMENT, THE PERSON TRANSFERRING
FEE TITLE SHOULD INQUlRE ABOUT THF PERSON'S RIGHTS, IF ANY UNDER CHAPlliR
1, OREGON LAWS 2005 (BALLOT MEASURE 37 (2004)) THIS INSTRUMENT DOES NOT
ALLOW USE OF THE PROPERTY DESCRmED IN THIS INSTRUMENT IN VIOLATION OF
APPLICABLE LAND USE LAWS AND REGULATIONS BEFORE SIGNING OR ACCEPTING
TIllS INSTRUMEN1, THE PERSON ACQU1RlNG FEE TITLE TO THE PROPERTY SHOULD
CHECK WITH THE APPROPRIATE CITY OR COUNTY PLANN1NG DEPARTMENT TO
VERIFY APPROVED USES [AND], TO DETERMINE ANY LIMITS ONLA WSillTS AGAINST
FARMING OR FOREST PRACTICES AS DEFINED IN ORS 30 930 AND TO INQUIRE ABOUT
THE RIGHTS OF NEIGHBORING PROPERTY OWNERS, IF ANY, UNDER CHAPTER 1,
OREGON LAWS 2005 (BALLOT MEASURE 37 (2004))
\
STATE OF NEVADA )
County of Washoe )SS
On ()rJbUY -.ilL, 2007 personally appeared the above named Jeffry Belle, who
bemg duly sworn Said that he IS the/a Managing Member of SC Spnngfleld LLC, and that the above
mstrument was signed on behalf of saId lllmted liabilIty company and acknowledged the foregomg
mstnunent to be lus voluntary act and deed
0.. ,,,,,,,,,,,,,,,,,,.
Notary~g-
My COImrusslOn ExpIres fiJoOfc<ri/ I.e, c:N) r
,
PROPERTY LINE ADJUSTMENT DEED
(Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
Page 2 of 5
EXHIBIT A
TRACT 1 AFTER PROl)ERTY UNE ADJUSTMENT
(Tax Map 17-03-25-11, Tax Lot 2300 after adjustment)
SITUATED 111 the CIty ofSprmgfield, Lane COlU1ty, State of Oregon 111 the NOliheast 1/4 of SectIOn
25 ill Townshtp 17 South, Range 3 West ofthe WJllamette Meudlan and descnbed as follows
BEING a portIOn ofthe lands that were conveyed a~ "Parcell" m that certam TlUstees' Deed that
was lecorded ApnlIO, 2006 at Recordel's Numbe12006-024293 ill the Official Records of Lane
I
County, State of Oregon, whtch portIOn IS more pm llcularly descnbed as follows
BEING a portIOn of "Pal cel3" of Land PaliltlOn Pldl Numbel 94-P0491 d, lecOlded Apn119, 1994
m the Land PartitIOn Plat Records of Lane County, State of Oregon, the penmetel boundary of whIch
portion bemg more pm llcularly dehcnbed as follows
BEGumll'IG ata pOl11ton the ,outhl111e ofsdJd "Parcel 3" of Land PdrhhonPlatNumber 94-P0491
and north IDalgl11 of Marc 01 a Road (whtch margm IS offset 45 00 feet northetly ofthe north lme of
the B B Powers DonatIOn Land Clarm Number 64 111 Townslnp 17 South, Range 2 West of the
Wlllamette Mendlan) that lIes SOUTH 89' 57' 22" WEST 263 83 FEEl' from the soulheast cornel
of sdJd "PmceI3", THENCE, leavmg said POINT OF BEGINNING and cro~smgmto ,ald "Parcel
3", along the followmg fifteen numbered cour~es (I) NOR1H 44' 57' 15" EAST 19 81 FEET, (2)
NORTH 00' 02' 00" WEST 16196 FEET, (3) SOUTH 89' 58' 00" WEST 18835 l'EET, (4)
SOUTH 83' 25'02" WEST 91 24 FEET, (5) SOUTH 89' 58'00" WEST24l 50FEbl, (6) NORTH
00' 02' 00" WEST 34122 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH 00' 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 00" WEST 144 65 FEET to a pomt of non-tangent
curvature to the nght, (10) along said non-tangent cm vatme to the ught, havmg a ladms center thdt
hes South 70' 38' 23" East 73851 Feet, d Lentral angle of4' 19' 30" and a long chord of North 21'
31' 22" East 55 73 Feet, an arc length of 55 7S Feet to a pomt of non-tangent Ime, (11) along Said
non-tangent hne, NORTH 89' 58' 00" EASt 38 55 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13) NORTII72' 43'45" EAST 5471 fEET, (14) SOUTH 89' 50' 16" EAST 636 23 FEET,
and (15) SOUTH 60' 02' 00" EAST 70 75 FEET, to a pomt on the east Ime of Said "Parcel 3",
THENCE, along Said east Ime of "Parcel 3 " the followmg one numbered course (16) SOU111 00'
02' 00" EAST 763 85 FEET to a pomt that hes North 00' 02' 00" West 175 93 Feet 110m the
aforesaid southeast comer of "Parcel 3", THENCE, leavmg said east lme and pomt and along the
followmgthreenumberedcourses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH 00'
02' 00" EAST 161 95 FEET, and (19) SOUTI-I45' 03' 27" EAST 1982 FEET to a pomtthatltes on
the aforesmd south Ime of "Parcel 3 " and said north margm of Marc 01 a Road, and THENCE, along
said south lme of "Parcel 3" and Said north margm of Marcola Road, the followillg one nmnbered
course (20) SOUTH 89' 57' 22" WEST 8003 FEET RETURNING to the POINT OF
BEGINNING and CONTAINING 1429 Acres more or less
PROPERTY LINE ADJUSTMENT DEED
(Tax Map 17-03-25-1l, Tax Lol2300 & Tax Map 17-02-30, Tax Lot 1800)
Page 3 of 5
EXlllBIT B
TRACT 2 AFTER PROPERTY UNE ADJUSTMENT
(Tax Map 17-02-30, Tax Lot 1800 aftel adjustment)
SITUATED m the CIty ofSplmgfield, Lane ComIty, State of Oregon m the Southeast 1/4 of SectIOn
24 and Northeast 1/4 of SectIOn 25 m TownshIp 17 South, Range 3 West of the Wlllamette Mendlan
and m the Southwest 1/4 of SectIOn 19 and NOlthwest 1/4 of SectIOn 30 In Townsmp 17 South,
Range 2 West of the WIl1amette Mendlan and descnbed as follows
BEING a pOlilOn of the lands that were conveyed as "Parcel I" and all of the lands that were
conveyed as "ParceI2" ill that certaill Trustees' Deed that was recorded April 1 0,2006 at Recorder's
Number 2006-024293 ill the OffiCIal Records of Lane County, State of Olegon, whIch portiOn IS
mOle partIcularly descnbed as follows
BEING a portIOn of "Parcel 2" and a pOlilonof"PaIceI3" orLaIld Pattlhon Plat Numbel 94-P0491
as recOlded Apnl 19, 1994 ill the Land PartItion Plat Records of Lane County, State 01 Olegon
togethel WIth adJo1ll!llg lands to the east, the peumetel boundary ofwmch bemg mOle particularly
descnbed as follows
BEGINNING at a pomt on the south Ime of Said "Parcel 3 " of Land PaIiltIon Plat Numbel 94-1'0491
and north margill of Marc 01 a Road (winch mdfgm IS offset 45 00 feet nOJiherly of the north bne of
the B B Powels DonatIOn Land Claun NlmlbeI 64 In Townsmp 17 South, Range 2 West of the
Wlllamette Mendlan) that bes SOUTH 89' 57' 22" WEST 263 83 FEET fiom the southeast cornel
ofsmd "Parcel 3 ", THENCE, leavmg saId POINT OF BEGINNING and crossmg mto Said "Parcel
3", along the folloWl11g fifteen numbeled courses (I) NORTH 44' 57' 15" EAST 19 81 FEET, (2)
NORTH DO' 02' 00" WEST 161 96 FEET, (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25' 02" WEST 91 24 FEET, (5) SOUTH 89' 58' 00" WES'l 241 50 FEET, (6) NORTH
DO' 02' 00" WEST 34122 FEET, (7) NORTH 89' 58' 00" EAST 3348 FEET, (8) NORTH DO" 02'
00" WEST 32983 FEET, (9) SOUTH 89' 58' 00" WEST 144 65 FEET to a pomt ofnon-tdllgent
curvature to the nght, (10) along smd non-tangent cmvature to the nght, havmg a radIUS center that
hes South 70' 38'23" East 738 51 Feet, acentlal angle of4' 19' 30" and a long chord ofNOIth21'
31' 22" East 55 73 Feet, an arc length of 55 75 Feet to d pomt of non-tangent Ime, (11) along smd
non-tangent Ime, NORTH 89' 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13) NORTH 72' 43' 45" EAST 54 71 FEET, (14) SOUTH 89' 50' 16" EAST 63623 FEET,
and (15) SOUTH 60' 02' 00" EAST 7075 FEET, to a pomt on the east Ime of smd "Parcel 3",
THENCE, along SaId east Ime of"PmceI3" the folloWl11g one nnmbered course (16) SOUTH DO'
02' 00" EAST 763 85 FEET to a pomt that bes North 00' 02' 00" West 175 93 Feet fiom the
aforesaid southeast comer of "Parcel 3", THENCE, leavmg saId east ]me and pomt and along the
folloWl11gtlneenumberedcoUlses (17) SOUTH 89' 58' 00" WEST ]97 82 FEET, (18) SOUTH DO'
02' 00" EAST 161 95 FEET, and(l9) SOUTll 45' 03' 27" EAST]9 82FEETto apomtthatlIes on
the afmesaId south bne of"Parce] 3" and SaId northmargm ofMmcolaRoad, and THENCE, along
saId south Ime of "Parcel 3" and SaId north margm of Marcola Road, the followlllg one numbered
course (20) NORTH 89' 57' 22" EAST 18380 FEET to saId southeast comer of "Parcel 3",
THENCE, along smd north matgm of Marcola l{oad, the followmg one numbered course (21)
,NORTH 89' 53' 35" EAST 235 82 FEET to the southwest COlnel of the lands that were conveyed
for publIc road purposes 111 that certam "Bargam atld Sale Deed" that was recmded Septembel 22,
1993 m Reel 1880R at ReceptIOn Number 9360016m the OffiCIal Records of Lane County, State
of Olegon wmch southwest corner and conveyed ldllds me shown on the survey map by Damel W
Balcer that was filed August 26, 1996 as CSF Number 33731111 the office of the County Surveyor
of Lmle County, State of Oregon, THENCE, along smd west margm of saId conveyed lands, the
folloWl11g eIght numbered courses (22) NORTH 45' 04' 29" EAST 43 19 FEET, (23) NORTH DO'
02' 23" WEST 56 00 FEET to a pomt of non-tangent curvature to the nght, (24) along smd nOI1-
tangent curvature to the nght, havlllg a radIUS center that bes South 89' 58' 13" East 50500 Feet, a
central angle of7" 03' 33" and a long chord ofNmth 03' 33' 34" East 62 I? Feet, an arc lenpth of
62 22 Feet to a pomt of non-tangent Illle, (25) along smd non-tangent Ime, NORTH 21' 00' 50"
EAST 122 20 FEET to a pomt of non-tangent curvatrne to the nght, (26) along smd non-tangent
curvature to the nght, havmg a radIUS center that lIes South 69' 03' 10" East 490 00 Feet, a central
angle of 43' 07' 26" mId a long chord of North 42' 30' 33" East 360 16 Feet, an ate length of368 80
PROPERTY LINE ADJUSTMENT DEED
(Tax Map 17-03-25-11, Tax Lot 2300 & Tax Map 17-02-30, Tax Lot 1800)
Page 4 of 5
Feet to a pornt of non-tangent Ime, (27) along saId non-tangent Irne, NORTH 64" 05" 11" EAST
579 54 FEET to a pornt of non-tangent curvatUle to the left, (28) along saId non-tangent curvatuIe
to the left, havmg aradms center ihat lIes North 25" 57" 51" West 365 00 Feet, a central angle of63"
56' 04" and a long chord of North 32" 04" 07" East 386 49 Feet, an arc length of407 29 Feet to a
pomt of non-tangent Ime that lIes on the west margm of 31 51 Street as saId margm IS shown on SaId
survey map by Damel W Baker, and (29) along SaId west mmgm oBI" Streetthe NORTH 00" 02'
05" WEST 377 27 FEET to the nc)) thwest comer of SaId conveyed lands, THENCE, along the nm th
lme of SaId conveyed lands the followmg one numbeled course (30) NORTH 89" 57' 55" EAST
5 00 FEET to a pomt on the west mmgm of saId 31 sl Street as SaId margm was establIshed m that
certam Bargam and Sale Deed that was recorded October 19, 1955 at ReceptIOn Number 68~52 m
the OffiCIal Records of Lane County, State of Oregon, wInch margmls offset 30 00 feet westelly by
perpendIcular measurement from the centellme of SaId street, THENCE, along last SaId west
maIgIn, the followmg one numbered course (31) NORTH 00" 02' 05" WEST 73889 FEET to a
pomt on the south margm of the Eugene Water and Electnc BOaId UtIlIty Corudor as SaId comdm
was conveyed to the CIty of Eugene by that celiam WarraIIty Deed that was recmded Octobel 27,
1947 m Book 359 at pages 285-286 m the Deed Records of Lane COlmty, State of Oregon,
THENCE, along SaId southmargm of the Eugene Water and Electnc Bomd UtIlIty Corndor and the
north lme of SaId "Parcel 3" of Land PartItIOn Plat Nlmlber 94-P0491 the followmg one numbered
course (32) SOUTH 79" 42' 00" WEST 2393 70 FEET to the northwest comer of SaId "Parcel 3"
as SaId comer IS common WIth the northeast corner ofthe plat bOlmdmy of "Austm Park South" as
platted and recorded November 18, 1993 m Flle 74 at Slides 132-134m the Plat Records of Lane
County, State of Oregon THENCE, along the east dnd south hnes of SaId plat of "Austm Park
South", the followmgtwo numbered cOUlses (33) SOUTH 00" 02' 16" EAST 909 63 FEET mId (34)
SOUTH 89" 57' 41" WEST 26013 FEET to d pomt on the east plat boundary of "Loch Lomond
Terrace Fu;t AddItIOn" as plaited and recOlded August 12, I ~65 m Book 46 at page 20 m the Plat
Records of Lane County, State of Oregon, THENCE, along SaId east plat boundary, the follOWIng
one numbered course (35) SOUTH 00" 02' 00" EAST 11288 FEET to a pomt on the north plat
boundmy of "NIcole PaIk" as platted and recorded December 21,1992 mFIle 74 at SlIdes 30-32 m
the Plat Records of Lane County, State of Olegon, THENCE, along SaId north plat boundary and
the east plat boundmy of SaId "Nicole Pmk", the folloWlllg two munbered courses (36) NORTH 89"
58' 00" EAST 620 FEET, and (37) SOUTll 00" 03' 40" EAST 25995 FEET to a pomt on the north
Ime of "Parcel 2" ofsatd Land PartitIOn Plat Number 94-P049I , THENCE, along sald north lme of
"PaIcel 2" the followmg one munbered course (38) SOUTH 89" 57' 37" WEST 99 65 FEEl to d
pomt Iymg on the northerly extensIOn of the east lme of "Parcel I" of SaId Land PartItIOn Plat
Number 94-P049 I , wInch pOlllt IS the nOltheast comer of the lands that were descnbed m "Exlubll
A" of that certaIn "DeclaratIOn of Property Lme Adjustment" that was lecorded Aplll 7, 1997 11l Reel
2281R at ReceptIOn Number 9722969 m the Officml Records of Lane County, State of Oregon,
THENCE, along saId northerly extensIOn aIId SaId east Ime as de;cllbed m SaId "DeclaIatlOn of
Property Lme AdJusiment", (39) SOUTH 00" 02' 16" EAST 515 90 FEET to the southeast corner
of SaId "Parcell as SaId comer lIes on the a foresdld north margm ofMdlcola Road, and THENCE,
along the south Ime of SaId "Palcel3" and north lIne of Marc 01 a Road, the followlllg one numbeled
course (40) NORTH 89" 57' 22" EAST 115'i 39 flEET RETURNING to the POINT Ol?
BEGINNING and CONTAINING 86 09 Acres more or les~
PROPERTY LINE ADJUSTMENT DEED
(Tax Map 17-03-25-11, Tax Lot 2300 & Tax'Map 17-02-30, Tax Lot 1800)
Page 5 of 5
D,v,s,on of C~ Deputy Clerk
Lane Counly De~_~ and Records
l~~1.~11~65
Recorded dt the Icque...t of dnd
after recordmg return to
111111111111111111111111111111111111111111111111 $41.00
009516482007007.8650040046 10/1912007 03,10: 35 PM
RPR-REST Cnt=l Stn=5 CASHIER 06
$20 00 $10 00 $11 00
Blanch EnglllLcrmg, Ioe
310 Fifth Street
Spnngfield, OR 97477
DECLARATION OJ<' RESTRlCrlON~
RECITALS
I) ~C SP]UNGFIELD LLC, Grantor, I' the owner of the I~nds "' conveyed 111 thJt ccl1dlll BaIg,nn and Sdle
Deed leeorded Apnl ]0,2006 at Recorder's No 2006-024293111 the Omelal ReeOlds 01 Lane County,
I
State of Oregon
2) I he owner 10;; adJustlllg an eXl.!o.lmg property hOL ot said land~, thereby Llcatmg I Iaet... I ,mu 2 d>; '>ald
Tract' ale des en bed m attached Exhibits 'A' Jnd '8' le'peetlvely
1) The owner l~ hereby Lrc<ltmg hUlldmg restriction:, on \dllll{md~, mcludmg TIdet" I dod 2, III oHler to
comply wIth Clly of~pnngfield land u'e lequnement' legaIdlllg the Ploperty Lllle AdJu'tment CIty 01
Spllngfield Joumdl Number (SUB2007-00037)
NOW rIIEREFORE, BASED ON HIE FOREGOING RECITALS 1 liE FOLLOWING
RESl RICl IONS ARE HEREBY DECLARED AS CONDIIIONS AND RES11UC11ONS ON IRAC'I
I AS DESCRIBED IN EXIIIBI1 A
A) SpeCific Development Re'llletIOl"
I) FAdet zomog bounddnc'!' will be ~urveyed, dnd legdl descnptlOl1'" genelateo, fOl the tluct. LOlllllg
dl~tncts ot ~ald land!:. 3';; pal t of the plannut land dlVl';;lOl1 Ploce...... (fentatlve SubdivIsIOn and Flllal
Pldl)
2) TIll. final configUlatIon ot Ilact 1 and the .;;urveyed and descnbed Lonmg dlstnct ooundaJ les will
align Tlaet I wIll be elllirely WltlUlI the Commulllly CommerelJI (CC) lOlling d"tnct
3) DlrcLt trontclge on the propo'ied collector ~treell~ not Ifqul.,~ted <l~ part of the Properly Lll1c
Adjustment applicatIOn I he TldCt I LonfigUlatIon mcluded 111 the apphLdtlon plOVlde'i (IIrect
flOnlage to eXl>tmg Mareola Road Any connectIOn to the propo,ed collector ,lleet wIll be by
C,l~ement .Ind/or IUllIre plOperty lUll ddJu...hnent or land dlvl~lOn proce......
4) fhe owner of Irdet I WIll comply with the recently appIoved Zonmg Mdp Amendment dlld It,
Condllion, of Approv.!l, ] through 14 (CIty 01 Sprmgfield Joulll.!1 Numhel 70N2006-000i4 )
5) I he eXlst111g buIlding on the SilL, shown .;;traddlll1g the ~outherly TraLt I boundary, Will ht.
removed before dny bUlldlllg pcn11lt~ aI e I......ued
B) ExtmgUl~hment of Re~tllctJon., on 11 cl<..t I 1 he le~hl<..tlon on lldCt I ~11d1l extlngUl...h upon clthel tht..
end deltt. of the .Ipproved Master Plan, II1cludll1g any tnne-llIle extensIOn..., 01 final oCLup,mcy applOv,ll ot
1 ract 1 development, whichever l)lldll fil~t OCClll
C) U,e 01 the Reslneted Property 1 he ownel 01 oeeuplel 01 the plopelty dtleeted by the,e le,tnctlOn' ,h,11I
have the nght to use theu property, meludmg the restncted dle3\ for dny purp",c pe1l11ltted by the
Spllngfield Development Code .I'" long a~ selld u.;;e doe... not LOnnlCt with the re....tllLtlOn~ decldled helt:1Il
D) Succe~"'Oll) In Inlere~t 1 he provlMon~ of thl'i 111...11 umenl touLh and conLel n, dud lelate to the li';;~ of
I ract ] of ~aId Property Lme AdlustmLnt, and Jre mtended to be covendnts and re~tlldlon~ runnlllg with
the land All proVISIOn... ofthl'" 1Il~tIument, II1cludlllg the benefib and burden..., ...IMIl bmd the hLII~,
~ucce'i....ors, asslgn'i, hdn...feree..., dnd pelsonallcplLsentatlve'i of all ownu<; of f lact I
E) I he foregomg conditIons are for the benetit of "nd enforceable by SUIt 101 Il1Junetlve rehd or 101 ddmJge
01 thlOugh the wlthholdlllg ot applOvLtl.... of LUll! U'ie ,lIld Development ^ppl1c..ltlOn~ 01 PCI mlt~ al the
dJ...cretlOll of, dnd by the City ofSpnllgfield <II1e! their kgal repn.,sent.lllve~, "ucce~"ol'" or d~'ilgn...., and d
fallUle by the City ofSpnngfield 10 enfolee ,ueh condItIOn ,hdllll1l1o event be deemed" walvel of the
Cltyl'i fIght to do so tht.rcafter
G) fhe tlue and 3Lludl LonsJ(teratton for tIlll) dedaldl10n I.... other th,Ul mom..tdry, and mdude.;; tht.. .IpprovJl
of the Plopelty Lme Adl,,,tmenl (Joulnal Numbel SUI32007-00(37) by the City of SprIngfield
IN WI1 NESS WHEREOF, I ha~e )l'ec}lted tlI" DECLARA liON OF RES I RICTIONS on thIS
O,Jnil!/' 2~OPl&/
Jeff I3cIlQ, sf! ~RI~FIELD LLC
/ I )..lEV~r\-
STAfrioFe~ml . 1
County of~........Wu\"o4" 's
\1o~ day of
~". " .., "'" ."" " "" ",,,,,.m '"'' ........".."...
, ,
'.'., CODY JOHNSON ,
I ~:l Notary Public ~ State of Nevada i
~ .. ~ Appointment ReCOfded In Washoe County i
:....., . :":.::.." ~~ ~!.~~,9 ~, ~~!~" ,F~~~~~.?:.~~?.i
On t1m 11 D -tI, day of OLh::!oe.-, ,2007, belolC me pe"onally aFpe'lIed Jelll3elle ,1I1d .
acknowledged the foregomg Ill'trument to be 1m voluntary tet an: Y ~V1<I"J' .. '7 ,L-l "'k b!:'....-
, Nolary p';bh~r QF0gon Ne..vo-J,^-
My Comml....slOn ExpIre... 't:'..o1.\H'....' 1 /0 ?.J7t)t:h
DECLARATION OF RESTRICTIONS
Page I of 4
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EXHIBIT A
TRACT 1 AFTER PROPERTY LINE ADJUSTMENT
(Tax Map 17-03-25-11, Tdx Lot 2300 aftel adjustment)
SITUATED m the CIty ofSprmgfie1d, Lane COlUlty, State of Oregon m the Northeast 1/4 of SectIOn
25 m Towushlp 17 South, Range 3 West of the WIlIameUe MendJan and descnbed as follows
BEING a portIOn of the lands that were conveyetl as "Parcell" m that certam Trustees' Deed that
was recorded Apnll 0, 2006 at Recordel' s Nlmlbel 2006-024293 m the OfficIal RecOlds of Lane
County, State of Oregon, wluch portIOn IS mOle pm tlCularly descnbed as follows
BEING a portIOn of' Parcel 3 " of Land Parl1l1on Pldt Number 94-P0491 as recorded Apll119, 1994
III the Land PartiTIOn Plat Records of Lane County, State ofOlegon, the penmetel boundary ofwluch
poruon bemg more particularly de~cnbed as follows
BEGINNING at a pomt on the south Ime of saId "Parcel 3 " of Land Parl1l1on Plat Numbel 94- P0491
and north mmgm of Marc 01 a Road (winch margm IS offset 45 00 feet northerly of the nOlth lIne of
the B B Powers DonatIOn Land Clarm Number 64 m TownshIp 17 South, Range 2 West of the
WIllanleUe Mendlan) that lies SOUTH 89' 57' 22" WEST 263 83 FEET from the southeast comer
of s81d "Parcel 3 ", THENCE, leavmg SaId POINT OF BEGINNING and crossmg mto Said "Parcel
3", along thefollowmg fifteen munbered courses (I) NORTH 44' 57' 15" EAST 19 81 FEET, (2)
NORTH DO' 02' 00" WEST 16196 FEEl', (3) SOUTH 89' 58' 00" WEST 18835 FEET, (4)
SOUTH 83' 25' 02" WEST 91 24 FEET, (5)SOUTIT 89' 58'OO"WEST241 50 FEET, (6) NORTH
00.02' 00" WEST 341 22 FEET, (7) NORTH 89.58' 00" EAST 3348 FEET, (8) NORTH 00.02'
00" WEST 329 83 FEET, (9) SOUTIT 89" 58' 00" WEST 14465 FEET to a pomt of non-tangent
curvature to the nght, (10) along saId non-tangent curvature to the nght, havmg a radIUS center thdt
hes South 70.38' 23" Edst 73851 Feet, a central angle of 4. 19' 30" and a long chord of North 21.
31' 22" East 55 73 Feet, an arc length of 55 75 Feet to a pomt of non-tangent Ime, (II) along Said
non-tangent Ime, NORTH 89.58' 00" EAST 3855 FEET, (12) NORTH 44.58' 00" EAST 102 82
FEET, (13) NORTH 72. 43'45" EAST 5471 FEET, (14) SOUTH 89. 50' 16" EAST 636 23 FEET,
and (IS) SOUTH 60. 02' 00" EAST 7075 FEET, to a pomt on the east Ime of saId "PaIcel 3",
THENCE, along Said east line of "Parcel 3" the followmg one numbeled cOlllse (16) SOUTH 00.
02' 00" EAST 763 85 FEET to a pomt that lies North 00. 02' 00" West 175 93 Feet from the
aforesaId southeast corner of "Parcel 3", THENCE, leavUlg Said east Ime and pomt and along the
followlllg three uumbeled courses (17) SOUTH 89.58' 00" WEST 197 82 FEET, (18) SOUTH 00.
02' 00" EAST 16195 FEET, and (19) SOUTH 45.03' 27" EAST 1982 FEETto apomtthat hes on
the aforesaId south hue of "Parcel 3" and sdld nUlih malgm of Marcola Road, and TIlEN CE, along
s81d south hne of "Parcel 3" and saId north margm of Marwla Road, the followmg one numbeled
COUlse (20) SOUTH 89. 57' 22" WEST 8003 FEET RETURNING to the POINT OF
BEGINNING and CONTAINING 1429 ACles more 01 less
\
DECLARATION OF RESTRICTIONS
Page 2 of 4
EXlllBITB
TRACT 2 AFTER PROPIi:RTY LINE ADJUSTME:NT
(Tax Map 17-02-30, Tax Lot 1800 aftel adjustment)
SITUATED m the City ofSpnngfield, Lane County, State ofOlegon m the Southeast I /4 ofSectJon
24 and Northeast 1/4 of SectIOn 25 111 TownshIp 17 South, Range 3 West ofthe Wlllamette Melldlan
and m the Southwest 1/4 of SectIOn 19 and Northwebt 1/4 of Secl10n 30111 Township 17 South,
Range 2 West of the Wlllamette Mendlan and debcllbed as follows
BEING a portIOn of the lands that were conveyed as "Parcel I" dIld all of the lands that wele
conveyed as "Parcel 2" m that certalll Trustees' Deed thatwaHecOlded Apllll0, 2006 at RecOldel 's
Numbel 2006-024293 111 the OfficIal Records of Lane County, State of Oregon, whIch portIOn IS
more partICularly descnbed as follows
BEING a portIOn of "Parcel 2" and a portIOn of"PmceI3" of Land PartItIOn Plat Numbel 94-P0491
as recorded Apn119, 1994 m the Land PmiltlOn Plat Records of Lane County, State oi Oregon
together With adJo1l1lllg lands to the east, the pellmetcr boundmy ofwlllch belllg mOle pmilculmly
descnbed as follows
BEGINNING ata pomton the south lme ofsmd "PmceI3" of Land PartItIOn Plat Number 94-P0491
and nOlih margm of Marcola Road (whIch mmgmlb offset 45 00 feet northerly of the nOlih lme 01
the B B Powers DonatIOn Land Claun Numbel 64 m TownslllP 17 South, Range 2 West of the
Wlllamette MendIan) that Ites SOUTH 89' 57' 22" WEST 263 83 FEET fiom the southeast comer
of saId "Parcel 3 ", THE:NCE, leavmg SaId POINT OF BEGINNING and crossmg mto smd "~arcel
3", alongthefollowmg fifteen numbered courses (1) NORTH 44' 57' 15" EAST 19 81 FEET, (2)
NORTH 00' 02' 00" WEST 16196 FEET, (3) SOUTH 89' 58' 00" WEST 18835 mET, (4)
SOUTH 83' 25' 02" WEST 91 24 FEET, (5) SOUTH 89' 58' 00" WEST 241 50 FEET, (6) NORTH
00' 02' 00" WEST 341 22 FEET, (7) NORTI-f R9' 58' 00" bAST 33 48 FEET, (8) NORTH 00' 02'
00" WEST 329 83 FEET, (9) SOUTH 89' 58' 00" WEST 144 65 FEET to a pomt of non-tangent
curvature to the light, (l0) along SaId non-tangent CUI vatUle to the light, havmg a IadlUs centel that
hes South 70' 38' 23" East 73851 Feet, a centldl angle 01'4' 19' 30" and a long chord of North 21'
31' 22" East 55 73 Feet, an mc length of 55 75 Feet to a pomt of non-tangent Ime, (II) along Said
non-tangent hne, NORTH 89' 58' 00" EAST 3855 FEET, (12) NORTH 44' 58' 00" EAST 102 82
FEET, (13) NORTH 72' 43' 45" EAST 5471 FEET, (14) SOUTH 89' 50' 16" EAST 63623 FEET,
and (15) SOUTH 60' 02' 00" EAST 70 75 FEET, to a pomt on the east hne of SaId "patcel 3",
THE:NCE, along SaId east ltne of "Parcel 3" the iollowll1g one munbeled course (16) SOUTH 00'
02' 00" EAST 763 85 FEET to a pomt that hes North 00' 02' 00" West 175 93 Feet nom the
aforesaid southeast comer of "Parcel 3", THE:NCE, leavmg smd east lIne and pomt and along the
followmg three numbered COUlses (17) SOUTH 89' 58' 00" WEST 197 82 FEET, (18) SOUTH 00'
. ,
02' 00" EAST 161 95 FEET, and (19) SOUTH 45 01' 27" EAST 19 82 FEET to apomithat bes on
the aforesmd oouth lIne of "Pm cel3" and smd north margm ofMmcola Road, and THENCE, along
smd south hne of "Parcel 3" and smd north margm of Marcola Road, the followmg one numbered
course (20) NORTH 89' 57' 22" EAST 18380 fEET to smd southeast comel of "Pmcel 3",
THENCE, along smd north margll1 of Marcola Road, the folloWJlJg one nunIbered course (21)
NORTH 89' 53' 35" EAST 23582 FEElto the southwest cornel of the lands that wele conveyed
for publIc road purposes m that certam "Bmgam and Sale Deed" that was lecorded Septembel 22,
1993 m Reel 1880R at ReceptIOn Number 9360016 III the OffiCial Records 01 Lane COlmty, Stdte
of Oregon wInch southwest cornel mId conveyed lands me shown on the survey map by Darnel W
Balcer that was filed August 26, 1996 as CSF Numbel 33731 m the ofii<.,e of the County Surveyor
of Lane County, State of Oregon, TlillNCE, along smd west mmgm of Said conveyed lands, the
followmg eIght numbered courses (22) NORTH 45' 04' 29" EAST 43 19 FEET, (23) NORTH 00'
02' 23" ~WEST 56 00 FEET to a pomt ofnon-tmlgent curvatme to the light, (24) along smd non-
tangent curvature to the nght, havmg a radms centelthat lIes South 89058' 13" East 50500 Feet, a
central angle of?' 03' 33" and a long ChOld ofNOl1h 03' 33' 34" East 6218 Feet, an mc length of
6222 Feet to a pomt of non-tangent Ime, (25) along said non-tangent lIne, NORTH 21' 00' 50"
EAST 12220 FEET to a pomt of non-tangent curvatUle to the nght, (26) along saId non-tangent
curvature to the nght, havrng a ladms center that hes South 69' 03' 10" East 49000 Feet, a centJal
angle 01'43' 07' 26" and along chord of North 42' 30' 33" East 36016 Feet, an arc length 0136880
Feet to a pomt of non-tangent lme, (27) along SaId non-tangent Ime, NORTH 64" 05' II" EAST
DECLARATION OF RESTRICTIONS
Page 3 of 4
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579 54 FEET to a pornt of non-tangent curvature to the left, (28) along ,rnd non-tangent curvatme
to the left, havmg aradms centel that hes N011h 25.57.51" West 365 00 Feet, a central angle 01'63.
56' 04" and a long chord of North 32.04.07" East 386 49 Feet, an arc length of 40729 Feet to a
pOll1t of non-tangent lll1e that hes on the west margll1 of 31" Street as saId margll1 IS shown on saId
survey map by Drnllel W Balcer, and (29) along ,aId we,t mrngm oDl" Sheet tht: NORTH 00. 02'
05" WEST 377 27 FEET to the northwest corner ofsmd conveyed lands, TIillNCE, along the n01th
Ime of Said conveyed Irnlds the followmg one numbered cOUlse (30) NORTH 89. 57' 55" EAST
5 00 FEE1 to a pomt on the west malgm of saId 31" Street as Said rnargm was estabhshcd m that
certam Bargarn and Sale Deed that was recorded Octobel 19, 1955 at Reception Nmnber 68852 m
the OfficIal Records of Lane Counly, State of Oregon, whIch malgll1ls offset 30 00 feet we,tedy by
perpendlCular meaqlllement from the centellme of Said sheet, TIillNCE, along last smd west
margm, the followmg one numbered COlllse (31) NORTH 00.02' 05" WEST 73889 FEET to a
pomt on the south mmgm ofthe Eugene Water and Electuc BOald UtIlity Comdor a, Said COJlldOl
was conveyed to the CIty of Eugene by that celtam Warranty Deed that was lecorded Octobel 27,
1947 m Book 359 at pages 285-286 m the Deed Records of Lalle County, State of Olegon,
THENCE, along SaId southmargm o[the Eugene Watel and E1ectllG Board Uhllty Com dO! and thc
north Ime of said "Parcel 3" of Land PartItIOn Plat Number 94-P0491 the followmg one numbered
course (32) SOUTH 79. 42' 00" WEST 2393 70 FEET to the northwest cornel of Said "Parcel 3"
as Said corner IS common with the northeast comer of the plat boundary of "Austm Park South" as
platted and recorded November 18, 1993 m FIle 74 at Slides 132-134 m the Plat Records of Lane
County, State of Oregon TlillNCE, along the east and south hnes of saId plat of "AustIn Park
South", thefollowmgtwo numbeled courses (33) SOUTH 00.02' 16" EAST 90963 FEET and (34)
SOUnl 89. 57' 41" WEST 260 13 FEET to a pomt on the east plat bOlllldmy of "Loch Lomond
Terrace Fust AddItIOn" as platted and recorded August 12, 1965 III Book 46 at page 20 III the Plat
Records of Lane COllllty, State of Oregon, THENCE, along Said east plat bmmdmy, the followmg
one numbered course (35) SOUTH 00. 02' 00" EAST 112 88 FEET to a pornt on the north plat
boundary of "Nicole Park" as platted and recorded Decembel 21, 1992 m FIle 74 at Slide, 30-32 111
the Plat Records of Lane Cmmty, State of Olegon, TlIENCE, along saId north plat boundary and
the east plat boundmy of said "NIcole Park", the followll1g two numbeled courses (36) NORTH 89.
58' 00" EAST 6 20 FEET, and (37) SOUTH 00' 03' 40" EAST 25995 FEET to a pomt on the north
Ime of "Parcel 2" of Said Land PartitIOn Plat Number 94-P0491, THENCE, along Said n01th line of
"Parcel 2" the followmg one numbered cour,c (38) SOUnl 89' 57' 37" WEST 99 65 FEET to a
pomt Iymg on the northedy extensIOn of the east lme of "Palcel 1" of said Land PartltlOh Plat
Numbel 94-P0491, which pOint IS the northeast comel of the lands that were descllbed 111 "ExIublt
A" ofthat certam "DeclaratIOn ofPlOperty Line Adjustment" that was recorded Apnl 7, 1997m Reel
2281R at ReceptIOn Nlilllbel 9722969 111 the OffiCIal RecOlds of Lane Cmillty, State of Olegon,
TlillNCE, along said northerly extensIOn and saId east lrne as descnbed 111 Said "DeclaratIOn of
Property L1I1e Adjustment", (39) SOUTH 00' 02' 16" EAST 515 90 FEET to the southeast wmer
of Said "Parcell as Said corner hes on the aforesaid n011h margrn ofMrncola Road, and THENCE,
along the south line of Said "Parcel 3 " and north hne of Marc 0 I a Road, the followll1g one numbered
course (40) NORTH 89' 57' 22" EAST 115539 FEET RETURNING to the POINT 01<'
BEGINNING and CONTAINING 86 09 ACles mOle or lesq
DECLARATION OF RESTRICTIONS
Page 4 of 4
SAtRE
ASSOCIATES
Satre Associates, P C
132 East Broadway
SUIte 536
Eugene Oregon 97401
Phone 541 465 4721
Fax 5414654722
I 800662 7094
www satrepc com
October 8, 2007
CIty of Spnngfield
Development ServIces Department
Planmng DIvIsIOn
225 Fifth Street
Sprmgfield, Oregon 97477
Attn Gary Karp
Re The VIllages at Marcola Meadows - Property Lme Adjustment
CIty FIle SU82007-00037
Dear Gary,
Enclosed herem please find four (4) sets ofmatenals submItted for your revIew
pursuant to the above referenced Property Lme Adjustment (SU82007-00037)
The enclosed matenals address Items I through 7 as found on pages 5 and 6 ofthe
Nol1ce of DecIsIOn, dated September 24, 2007, as follows
I
The Fmal Map IS hereby submItted to the Plannmg Department for revIew and
approval pnor to recordmg wIth the County
A draft Deed RestnctlOn IS hereby submitted for revIew and approval by the
City Attorney pnor to recordmg wIth the County
The Fmal Survey (Fmal Map) has been prepared, stamped and signed by an
Oregon regIstered Land Surveyor m accordance wIth ORS
The Fmal Survey WIll be recorded wIth the County after approval of these
matenals by the CIty ofSpnngfield
The Property Lme Adjustment Deed WIll be recorded wIth the County
followmg approval by the City The Deed WIll reference the plannmg file
number and state that the purpose of thiS deed IS the property lme adjustment
The affected propertIes WIll be referenced by map and lot number as well as
by legal descnptlOn There are no easements to be corrected
Two copIes of the recorded Fmal Survey and Deed will be delIvered to the
CIty after recordmg wIth the County
A copy of the recorded Deed RestnctlOn WIll be delIvered to the CIty
2
3
4
5
6
7
As the ApplIcant's deSIgnated contact, Satre ASSOCiates IS available to answer
questIons or proVIde supplemental mformatlOn as needed to faCIlItate the review
process Thank you m advance for your contmued assistance
S ~rel
R ; cd M Satre, AlCP, ASLA, CSI
Pre I lent, Satre ASSOCiates, P C
Planners, Landscape Archllects and EnVironmental Specialists